In Test

2019 Newsletters

DISMISSAL BASED ON FALSE ALLEGATIONS

The question of when do false and unsubstantiated allegations lead to dismissal, was answered in the matter of NUMSA obo Baloyi and Others v O-Line (2019) where the Commission for Conciliation, Mediation and Arbitration (CCMA) had to decide whether an employee who made false allegation of racism against another employee may be dismissed. In this matter DISMISSAL BASED ON FALSE ALLEGATIONS

Consequences for the Employer – Sexual Harassment and constructive dismissal.

In the age of #metoo and the like, it is important for employers to know and understand their roles and duties in safeguarding employees from sexual harassment which in turn mitigates claims relating to constructive dismissal. What is constructive dismissal? Constructive dismissal is defined as a dismissal where an employee terminated their employment because the Consequences for the Employer – Sexual Harassment and constructive dismissal.

DISCRIMINATION AND PREGNANCY

–  Section 9(3) and (4) of the Constitution of South Africa prohibits any person to discriminate against any other person. This means that every person has a constitutional right not to be discriminated against – Section 187(e) of the Labour Relations Act [LRA] as well as the Employment Equity Act [EEA] in section 6 prohibits DISCRIMINATION AND PREGNANCY

January 2019 Newsletter

Safety in Restaurant Play Areas – When looking at the Roles and Responsibilities for caring for children at restaurants who provide play areas – it is important that we take cognisance of general safety guidance and regulations published under the Occupational Health and Safety Act – The OHS Act (1993) clearly states as per Section January 2019 Newsletter

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